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EB-2 NIWLaw, policy, social scienceIndividualDecided July 2024Dismissed

Outcome: Dismissed

JUL032024_02B5203

Merit and national importanceNot metWell positionedNot reached / not discussedBalance favors a waiverNot reached / not discussed

Our summary

A lawyer seeking EB-2 with NIW to provide legal consulting services in Brazil-U.S. trade. The AAO affirmed he held an advanced degree but found his proposed endeavor lacked national importance because job creation of 15 positions and expected revenue in a $400-billion sector showed insufficient prospective economic impact.

Official PDF

Official PDF ↗

Published by USCIS. The summary is ours, in our own words; the decision text is on uscis.gov.

No criterion in the table was found met in this decision.

What was missing

  • Merit and national importance · Specific endeavor lacks national importance; general legal services growth insufficient to demonstrate prospective impact commensurate with national interest.

Criteria

CriterionReadingWhy
Merit and national importanceNot metSpecific endeavor lacks national importance; general legal services growth insufficient to demonstrate prospective impact commensurate with national interest.
Well positionedNot reached / not discussedFirst prong dispositive; second prong not analyzed per Bagamasbad rule.
Balance favors a waiverNot reached / not discussedFirst prong dispositive; third prong not analyzed per Bagamasbad rule.

A published decision describes one case. It is not legal advice and not a prediction for yours.

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